Exclusive HOLI Discounts!
Get Courses and Combos at Upto 50% OFF!
Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

kundu (SSE)     08 August 2013

Sold joint properity

 

Hi all,

I am new to this forum and wanted to know something from all experts present here as i am not from law background and having really very less idea on this regard.

We are having a joint property. My father is having 4 siblings, my grand pa has passed away long back, one of the sibling has sold the property without knowing of others. When we came to know about the fact, we approach a lawyer and filled a partition suit. it’s going on since more than 4 years and i am not seeing any real progress on this matter. So my doubt here is it possible to get back the property as it's been sold 4 years back and what will happen if we won the case and will the owner of the property leave it easily. 

Please suggest...



Learning

 4 Replies

Advocate Rohit (Advocate)     08 August 2013

if the property has been sold to the third party, then the person who sold the property have to divide the money received from the sale of property equally with all the siblings.

 

Regards,

Advocate Rohit Dalmia

9324538481

Mumbai

kundu (SSE)     08 August 2013

Thanks for the quick reply, actually everything happend without our notice and more of now the value of that properity increased more then twice. so if we get the actual cost it will be very less. so is there any way to cancel third parties deed, as it' invalid because it's not having all the share holders signature.

Hemang (Advocate)     08 August 2013

You have filed a partition suit. Similarly, I would question you that if you want the property back, you should also challenge the sale deed executed in favour of third party. Ascertain, whether the Seller (Your relation) sold it in capacity as Hindu Karta or a manager? However, in any case, that person is required to part with your share. Bring it to the notice of the court that such money is now retained by that genetleman and it is HUF money out of the property. Get direction to either share it or deposit the money in the court. The fact of having received the amount will be established from the sale deed so executed. And the court would consider this and pass appropriate order. 

surjit singh (Assistant)     09 August 2013

You say 4 years has passed since filng of the partition suit. You have not disclosed the present stage of the suit (1) whether the parties have filed their WS (2) Whether the isuses has been framed (2) whether the recording of statment of the witness has started, if so how many witnesses has deposed from which side. Please disclose, then only it can be said in ordinary circumstances what amount of more time you can expect your case to be over.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register